United States Federal Circuit

In a case in which the United States Court of Federal Claims determined that the United States breached a contract for the removal of spent nuclear fuel, the damages award is affirmed in part and reversed in part, where: 1) the trial court properly denied the cost of borrowed funds to construct the plaintiffs' dry fuel storage facility, as interest and interest costs incurred on money borrowed as a result of the government's breach or delay in payment are not recoverable; 2) the trial court erred in granting an offset of damages for certain overhead costs; and 3) the trial court did not err in its causation analysis and determination of the amount of nominal damages.

Appellate Information

• Decided 01/19/2012
• Published 01/19/2012

Judges

• Rader

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alex D. Tomasszczuk, Alan J. Lo Re